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(영문) 부산지방법원 2016.04.26 2016고단445
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is engaged in driving a car in the B SP area.

On November 11, 2015, the Defendant driving the said car at around 06:55 on November 11, 2015, and proceeding the Dong-gu, Busan, the Dong-gu, Busan, about the direction of the bridge to go through the direction of the bridge from the direction of the opening to the intersection, and re-on the opening to the direction of the intersection.

Since there is a place where a signal, etc. has been installed, in such a case, there was a duty of care to observe the signal to the person engaged in driving service and to safely drive the vehicle in good faith.

Nevertheless, the Defendant neglected to do so, due to the occupational negligence of the Defendant who violated the signal, brought the following parts on the left side of the victim C(62 years) driving in the direction of the 5-lane in the direction of the 4-lane in the direction of the said intersection in accordance with the new code, from the direction of the cridge in the direction of the said intersection in accordance with the new code.

Ultimately, the Defendant caused the victim to suffer injury, such as the appearance of the executive members at the left-hand side in need of approximately 14 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of an accident vehicle and on-site photograph), investigation report (referring to signal suspenders and photographs);

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. There is no record of criminal punishment for the same crime as the fact that there was an agreement with the victim on the fact that there was an agreement with the victim that the ordinary defendant recognized a mistake and reflects the fact that the defendant committed a serious injury to the injured party by violating the normal signal unfavorable to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

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